Incorporation of the Manager. At or before Completion, each of Rio Tinto and BHP Billiton must: (a) jointly with the other, procure the incorporation of the Manager; (b) procure that each of BHP Billiton Minerals Pty Ltd and Hamersley Holdings Limited subscribes for or acquires half the issued shares of the Manager and causes the Manager to adopt a constitution agreed and initialled by Rio Tinto and BHP Billiton; and (c) nominate and procure the appointment of directors of the Manager in accordance with clause 4.4 of the Joint Venture Agreement.
Appears in 4 contracts
Samples: Implementation Agreement (Rio Tinto LTD), Implementation Agreement (Rio Tinto LTD), Implementation Agreement (BHP Billiton PLC)
